Opinion
CASE NO. CV F 12-1058 LJO SMS
07-05-2012
ST VENTURES, LLC, Plaintiff, v. KBA ASSETS AND ACQUISITIONS, LLC, et al., Defendants.
TEMPORARY RESTRAINING ORDER AND
ORDER FOR PRELIMINARY INJUNCTION BRIEFING
Plaintiff ST Ventures, LLC ("ST Ventures") seeks an expedited temporary restraining order ("TRO") to preclude the transfer of a collateralized mortgage obligation. Based on review of the record, this Court issues this TRO and RESTRAINS and ENJOINS defendants and all persons acting in concert or participating with them from:
Defendants are KBA Assets and Acquisitions, LLC, Ben Penfield, Asset Placement Limited, Susan Georgina Gillis, Paul Windwood and Bank of America, N.A. and will be referred to collectively as "defendants."
1. Transferring, selling, disposing of, encumbering, altering, concealing, or removing from the jurisdiction of this Court the collateralized mortgage obligation, CUSIP # 617453AA3 (the "Bond");
2. Transferring, selling, disposing of, encumbering, altering, concealing, or removing from the jurisdiction of this Court the monthly coupon payments from the Bond; and
3. Transferring, selling, disposing of, encumbering, altering, concealing, or removing from the jurisdiction of this Court any assets purchased with the monthly coupon payments from the Bond.
ST Ventures need file no undertaking.
This Court further SETS a briefing schedule for a preliminary injunction and ORDERS:
1. Defendants, no later than August 2, 2012, to file and serve papers to oppose a preliminary injunction or respond to ST Ventures' request for a preliminary injunction; andPursuant to its practice, this Court will consider the preliminary injunction motion on the record without a hearing.
2. ST Ventures, no later than August 9, 2012, to file and serve preliminary injunction reply papers.
The TRO shall remain in effect until a preliminary injunction ruling, unless this Court orders otherwise. This Court so extends the TRO given the alleged ease to transfer the Bond and its apparent unknown location.
This Court FURTHER ORDERS ST Ventures to serve defendants with this order. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE